My Firm's criminal defense practice encompasses a wide variety of criminal matters, ranging from state court misdemeanors and felonies to complex federal narcotics trafficking cases and white collar offenses.

In addition to our trial work, we also handle post-conviction proceedings, such as expungements, and motions to seal arrest records. Our clientele has included both individual and corporate defendants charged with various offenses such as alien smuggling, money laundering, mail fraud, health care fraud, sex offenses, bankruptcy and bank fraud, import-export violations, and income tax evasion. Whether handling a multi-million dollar fraud case or a driving under the influence charge, we go about our case preparation the same way.

Our approach to criminal defense is multi-faceted and we often retain the services of outside experts, investigators, and other consultants to help develop defense strategies and to prepare the case for trial. We also believe in an aggressive use of pretrial motions in order to help clarify issues, limit evidence, and eliminate baseless charges.

Finally, even while preparing a case for trial, we believe it is important to never lose focus of sentencing issues which, in many cases, are the most important consideration in the entire case. For this reason, we believe that frequent settlement discussions are a vital component of any comprehensive defense strategy. At the same time, we subscribe to the philosophy that the best way to obtain a favorable settlement for our clients is by thoroughly preparing each case for trial.

As a skilled San Francisco Criminal Defense Attorney, I have extensive federal and state criminal defense trial experience. I have defended clients in simple misdemeanor cases to multi-million dollar allegations of:

• tax
• bankruptcy
• bank and wire fraud
• embezzlement
• money laundering
• monetary structuring
• environmental law violations
• international drug conspiracies
• professional and medical licensing cases
• felonies
  • homicides
  • death penalty cases

During the O.J. Simpson trial, I served as an expert analyst and weekly commentator for Channel 4 News, KRON TV.

Being arrested and charged with a crime is one of the most stressful events which can happen in a person’s life. Even a minor criminal case may trigger all sorts of worrisome questions like: Will I go to jail? Will I lose my job? Will I lose my drivers license? Will this arrest stay on my record? How will this affect my immigration status? Will I have to report this incident on my college application? While we do not have the ability to wave a magic wand and make your anxieties go away, one of our primary jobs as your attorney is to educate our client about both the legal and practical risks and consequences presented in each case.

Of course, every criminal case contains an element of uncertainty; and it is my mission as an experienced San Francisco Criminal Defense Attorney to help make sense of those uncertainties so that clients can make the most informed decision possible about how to proceed in their individual situation.

We are experienced in many "quasi-criminal" matters, such as those involving civil forfeitures, DMV driver’s license suspensions, school expulsions, and professional license revocations or suspensions. We call these cases "quasi-criminal" because, although not criminal in the legal sense, they often involve serious and long-term deprivations of liberty. In fact, often these types of court and administrative law cases carry consequences which have a far greater impact on people’s day-to-day lives than criminal cases. For this reason, we approach these quasi-criminal matters with the same degree of urgency as we would a criminal case.

If you or someone you know in the Bay Area or throughout Northern California needs the assistance of an experienced San Francisco Criminal Defense Attorney, call Garrick Lew today at 866-348-2514, or complete the contact form provided on this site to schedule your initial consultation.

Practice Areas and Legal Definitions

Fraud:
In criminal law, fraud is the crime or offense of deliberately deceiving another in order to damage them — usually, to obtain property or services from him or her unjustly.  Fraud can be accomplished through the aid of forged objects. In the criminal law of common law jurisdictions it may be called "theft by deception," "larceny by trick," "larceny by fraud and deception" or something similar. Fraud can be committed through many methods including mail, wire, phone and the internet.

Domestic Violence:
Domestic violence is any physical, emotional, sexual or other violence that takes place between people who may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating. Domestic violence can be criminal and include physical assault: hitting, pushing and shoving, etc., sexual abuse: unwanted or forced sexual activity, and stalking. Domestic violence charges can have a serious impact on your life.

Felony Crimes:
Felony Crimes involve drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault and battery. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote.

Misdemeanors:
Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In many jurisdictions and in certain types of cases defendants who can't afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a city court or municipal court.

Serious Violent Crimes and Murder:
By definition, a violent crime is a behavior by persons, against persons or property that intentionally threatens, attempts or actually inflicts physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record will determine the seriousness of the charge. Most violent crimes are considered felonies and are subject to be considered a "strike" in a state that has adopted three strikes laws. Violent criminal charges can include: aggravated assault, arson, assault and battery, domestic violence, hate crimes, homicide, larceny, rape, manslaughter, mayhem and murder.

One of the most serious areas of violent crime is homicide - killing a person, whether lawfully or unlawfully. Justifiable homicide and excusable homicide are lawful homicides, while criminal homicide, negligent homicide, reckless homicide and vehicular homicide are unlawful homicides. Unlawful homicide comprises the two crimes of murder and manslaughter.

DUI (Driving Under the Influence) and DWI (Driving While Intoxicated):
A DUI or DWI occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DUI/DWI conviction stays on a DMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit.  Plus, a DUI/DWI could also jeopardize your employment opportunities.

However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further, a DUI/DWI conviction will likely be raised to a felony if it is the driver's fourth DUI/DWI offense or the driver has had a prior felony DUI/DWI offense within 10 years of the new charge.

White Collar Crimes:
High-tech professionals, corporate executives and clergy who are criminally charged for offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasion or bad checks are often referred to as "white collar" offenders and are prosecuted for white collar crimes. In some cases, first-time offenders are convicted and sent to prison, even with no prior criminal history. An arrest and conviction for one of these crimes can have a serious impact on your life.

Expungement Motions:
An Expungement of your record results in the extraction and isolation of all records on file with any court correctional facility or law enforcement agency. The records that are expunged include complaints, warrants, arrests reports, commitments, criminal history records, fingerprints and your rap sheet.

Contrary to popular belief, your record is not automatically cleared or expunged with the passage of time. Even if you were never found guilty, an arrest is not expunged unless a court grants your Expungement petition. State statutes impose application guidelines and waiting periods for various types of arrests and convictions. The guidelines provide instruction for what can be expunged and set forth certain specific types of offenses that cannot. The guidelines also impose waiting periods that are calculated from the completion of the sentence imposed by the court.

It is important to note that an Expungement does not destroy records; it extracts and isolates the records. Under most circumstances, once an Expungement has been granted those records cannot be disclosed. A person who has been granted an Expungement can respond that he or she has no conviction when asked a question about having a criminal record. Exceptions to this rule include a person seeking a second Expungement, a person seeking a conditional discharge, and a person seeking to obtain employment in law enforcement.

What to bring to a consultation:

• A copy of all papers pertaining to your arrest(s);
• A copy of all court papers pertaining to the disposition of the charge(s) you want expunged; and,
• A copy of any report pertaining to the completion of any probationary or diversionary treatment program.

Juvenile Delinquency:
Delinquency is a legal term for criminal behavior carried out by a juvenile. Delinquent behavior is divided into two categories: status offenses and delinquency offenses. Status offenses are those acts which would not be considered offenses if committed by an adult, such as school truancy, running away from home, alcohol possession or use, or curfew violations. Juvenile Delinquency offenses involve destruction or theft of property, commission of violent crimes against persons, illegal weapon possession, or the possession or sale of illegal drugs.

Juvenile Court:
Juvenile court is unique and should not be treated as if it were adult court for young clients.  While the substantive criminal law is the same in juvenile and adult court, the procedures and sentencing law are substantially different.  The consequences of a misstep by an attorney inexperienced in juvenile matters can be devastating. For example, contrary to what many parents believe, a juvenile conviction is not removed from a child's record when he or she turns 18.

Despite the rehabilitative focus of juvenile court, juvenile convictions are counted as criminal history in future cases.  They also remain on state criminal records databases and may affect a young person's ability to enter college, obtain employment, financial aid, a driver's license or join the military.   Additionally, juvenile convictions can result in commitment to a juvenile detention facility or institution for periods ranging from days to months and even years. Worse, in some cases, a child may end up being prosecuted in adult court where the punishment is even more severe.

Appellate and Post Conviction:
In an appeal, an appellate court reviews the record of the pre-trial and trial proceedings for legal errors. The record includes the court file, the court reporter's transcript and the evidence and exhibits introduced in the trial court. In general, an appellate court does not consider information that is not contained in the record.

A post-conviction petition is the general name for what is called a "collateral attack" on a conviction. In federal court, they are called habeas corpus petitions. By using a post-conviction petition, a defendant generally can bring evidence before the reviewing court that was not part of the record on appeal, and in this way raise issues that would otherwise not be reviewed.

Internet Crime:
Internet crime is defined as any illegal activity involving one or more components of the Internet such as websites, chat rooms and/or email. Internet crime involves the use of the Internet to communicate false or fraudulent representations to consumers. These crimes may include, but are not limited to, advance-fee schemes, non-delivery of goods or services, computer hacking, phishing, pharming, programming worms, viruses or employment/business opportunity schemes.

Sex Crimes:
Sex crimes can include such charges as: Child Abuse, Child Pornography, Date Rape, Failure to register (as a Sex Offender), Indecent Exposure, Internet Porn, Lewd Conduct, Marital Rape, Molestation, Obscenity, Pedophilia, Pornography, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sodomy and Statutory Rape. Many sex crimes are considered felonies and require convicted defendants to continually register themselves as publicly recognized sex offenders with the local and state authorities where they live and work. Charges of sexual misconduct carry extremely serious penalties and these crimes are commonly punished more severely than any other crime except murder. Sexual misconduct is seldom witnessed by anyone other than the accuser and accused and the risk of conviction of an innocent person is drastically higher in these cases.

Drugs and Narcotics Charges:
Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs.

Most states have laws that give different treatment to possession of different categories of drugs (i.e. prescription drugs, marijuana, crystal methamphetamine), and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom.

Traffic Crimes:
Traffic crimes are specifically addressed in state statutes. The complex body of law that regulates the operation of motor vehicles on the streets and highways can be difficult to interpret and apply.  Examples of traffic crimes include reckless driving, aggressive driving, drag racing, and driving with a suspended license.

Driving with a Suspended License:
Driving with a suspended or revoked license is considered a crime, and can result in heavy fines and possible jail time. At worst, it may be considered a felony, and the offender could end up in state prison or with an obligation to perform many hours of community service. The penalties are typically heaviest if the license suspension or revocation was the result of a conviction for driving under the influence of alcohol or drugs (DUI/DWI).

Driver’s License Revocation:
Typically, a driver’s license will not be revoked for one or even two traffic tickets resulting from a moving violation such as speeding, running a stoplight or stop sign. However, if the offense is extremely reckless and/or if the driver has had previous convictions for moving violations in the past, his or her license may be revoked or suspended. If the driver is charged with drunk driving, reckless driving, or is involved in a hit-and-run, the defendant’s license may be suspended for a year or more.

If you or someone you know in the Bay Area or throughout Northern California needs the assistance of an experienced San Francisco Criminal Defense Attorney, call Garrick Lew today at 866-348-2514, or complete the contact form provided on this site to schedule your initial consultation.

If you or someone you know in the Bay Area or throughout Northern California needs the assistance of an experienced San Francisco Criminal Defense Attorney, call Garrick Lew today at 866-348-2514, or complete the contact form provided on this site to schedule your initial consultation.

ADDRESS OF THE FIRM:
Garrick S. Lew, Attorney at Law
600 Townsend Street, Suite 329 E
San Francisco, CA 94108
Telephone: 866-348-2514
Fax: 415-398-3887

MEMBERS OF THE FIRM:

Garrick S. Lew
Mr. Lew was a founding name Partner at the law firm of Minami, Lew and Tamaki since its formation in 1974 until 2006 when he separated from the firm to establish his own practice. He specializes in criminal defense with extensive federal and state criminal defense trial experience, emphasizing business-related prosecutions before the federal courts and complex white-collar matters. Mr. Lew was born in Oakland and received his undergraduate education at the University of California at Berkeley, graduating in three years with Honors in 1971 with a degree in Criminology. He attended law school at the University of California’s Boalt Hall of Law, receiving his Juris Doctor in 1974.

In his 32 years of criminal defense practice, Mr. Lew has defended clients charged with crimes involving multi-million dollar allegations of tax, bankruptcy, bank and wire fraud, embezzlement, money laundering, illegal structuring of monetary transactions, environmental law violations, sex offenses and drug offenses. He has extensive experience with respect to state and federal asset forfeitures, U.S. Customs violations, Department of Commerce Export Controls, Health Care fraud and prosecutions for intellectual property infringement.

Professional licensing is also part of his practice and is handled on a select and limited basis.

Mr. Lew holds an AV rating, the highest rating for attorney competence and ethics by the Martindale-Hubbell Law Directory, a national compilation of attorneys.

In 2004, 2006 & 207 Mr. Lew was selected by Law & Politics magazine as one of Northern California’s "Superlawyers" in the area of White Collar criminal defense.

AVENUE magazine identified Mr. Lew as one of the 500 most influential Asian Americans in 1998.

He is a contributing author to "California Criminal Law Procedure and Practice", published by the California Continuing Education of the Bar [CEB] and was a co-founder of the Asian Law Caucus, Inc., a leading non-profit civil rights organization.

EDUCATION:

• B.A., University of California, Berkeley, 1971, Major in Criminology (Honors)
• J.D., University of California, Boalt Hall School of Law, 1974

AREAS OF PRACTICE:

• State and Federal Criminal Defense

BAR ADMISSIONS:

• California, 1974
• U.S. District Courts of California
• U.S. District Court of Georgia
• U.S. District Court of Chicago
• U.S. Court of Appeal, Ninth Circuit

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS:

• Criminal Justice College of Advocacy, University of California, Hastings College of Law, Lecturer, 1985-1990
• San Francisco Bar Association, Judiciary Committee, 1989-1990
• State Bar of California, Executive Committee, 1983-1987, Treasurer, Co-Chair and Chair
• California Attorneys for Criminal Justice, Board of Governors, 1978-1988
• Criminal Trial Lawyers Association of Northern California, President
• American Bar Association, Criminal Law Section member
• Federal Bar Association, member
• National Association of Criminal Defense Lawyers (Life Member)
• Asian American Bar Association